CRPS Can Complicate Your Workers' Compensation Claim

Posted on: 30 November 2021


When you are injured at work, your employer might believe that your injury is not that serious and may expect you to return to work relatively quickly. However, your pain might actually be excruciating and it may simply not be practical for you to come back to work. This might be due to a condition known as "Complex Regional Pain Syndrome" (CRPS).

How CRPS Works

With CRPS, your pain is out of proportion with the type of injury you have suffered. It might be the result of the central nervous system becoming damaged or a result of an abnormality in the central nervous system. Type 1 does not involve direct injury to the nerves but Type 2 does. 

You may experience various symptoms as a result of this condition such as persistent pain that requires treatment, a burning sensation, and atrophy of the skin, tissue, and bone. When you touch or move the skin, your pain is often substantially worse. Therefore, you may be entitled to compensation from a workers' compensation insurance provider.

CRPS and Your Claim

When you are filing your workers' compensation claim, CRPS will be an important part of that claim. You will need to make sure that your treating physician makes it clear that you are suffering from this condition and that it is preventing you from working. Otherwise, the workers' compensation insurance provider might deny your claim and your employer might attempt to force you to return to work.

When to Hire a Workers' Compensation Attorney

Because of the nature of your injury, your employer might not take it seriously and might drag their feet when filing a claim. Your employer generally needs to meet a state-mandated deadline and failing to do so will mean that you should seek assistance from an attorney.

The insurance company might deny your claim and you will then be able to file an appeal. Your interactions with the insurance provider might become contentious and you may even be forced to take the workers' compensation insurance provider to court. Then, your attorney will represent you in court.

When to Sue Your Employer

If your employer is angry about your claim, they might choose to retaliate through wrongful termination, threats, intimidation, poor performance reviews, demotion, or refusal to rehire. These actions are illegal in many states and you will be allowed to file a lawsuit against your employer for an unlawful discharge due to your CRPS.

Contact a local workers' compensation lawyer if you were recently injured at work.